A preservação da empresa diante da tutela do consumidor superendividado

• Ano de defesa: 2014
• Autor(a) principal: Silveira, Henrique Suhadolnik [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Direito empresarial; Inadimplencia (Finanças); Sociedades comerciais - Recuperação; Consumidores - Aspectos econômicos; Proteção e defesa do consumidor; Empresas - Finanças; Law
• Link de acesso: http://hdl.handle.net/11449/128153; http://www.athena.biblioteca.unesp.br/exlibris/bd/cathedra/30-09-2015/000849314.pdf

The work aims to discuss the problem of over-indebtedness of the consumer, which has gained huge space in the tender harvest right of the most varied and modern legislation, reformed especially after the great economic and financial crisis of 2008 and directed to maintaining market with the guardianship of the indebtedness and the preservation of economic and legally business activity, since interesting not only to the entrepreneur, but the whole community involved with the source of taxes, jobs and development in general, which raised such a necessity as a legal principle aimed at minimizing the impacts suffered by the enterprise bankruptcy. The comparison between some foreign legislation is made to demonstrate the attention of the legal Issues more broadly systems, adopting standards and measures in isolated or unified texts, tending to more efficiently protect credit and over-indebtedness as a problem not only of the individual consumer, but as a reflection of the current economic outlook, represented by the availability, access and price of credit, now seen as a key element and at the same time as a major risk to economic health, physical or legal person, and thus the State. This analysis, however, does not exhaustively, due to the complexity and actuality of the over-indebtedness phenomenon, which is still seeking consolidation in legislation, doctrine and practice of insolvency systems. Also does not tend, in the light of Brazilian law, to bring international experience directly to the law project currently in the Senate, but check the posture of national law in relation to other countries about the extention of concern about over-indebtedness, since respected regional, cultural, historical, legal and economic differences between the systems, and thus the risks of ineffectiveness of adopting certain patterns that only appear to be effective within the context in which they operate. differences Through the analysis of national and...